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AJOY NATH RAY, ASHOK BHUSHAN
SHARDANAND TIWARI – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent
By the Court.—Heard Sri Abhishek Kumar, learned Counsel for the appellant and Sri Suresh Singh, learned Standing Counsel, appearing for the respondents.
2. This is an appeal against the judgment and order dated 13th July, 2006 of learned Single Judge dismissing the writ petition of the appellant.
3. The appellant-writ petitioner was appointed as Peon on compassionate ground in the year 1993. It is alleged that the appointment as Peon was accepted by the appellant under protest since he was qualified to be appointed as Assistant Teacher. The writ petition was filed in the year 2005 by the appellant claiming appointment on the post of Assistant Teacher on compassionate ground. The learned Single Judge by the impugned judgment took the view that the writ petitioner having approached belatedly he is not entitled for any relief.
4. Learned Counsel for the appellant, challenging the said judgment, contended that the right to receive appointment on the post of Assistant Teacher accrued by virtue of the amendment dated 2.2.1995 in Regulations 101 to 103 of Chapter-III framed under the U.P. Intermediate Education Act, 1921. He has placed reliance on a judgment of learned Single Judge
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